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Supreme Court Eliminates Heightened Discrimination Standard Under Title VII

By Mikaela Shaw Masoudpour, Nicholas SanFilippo, Shirin Afsous & Jade Yee on June 13, 2025
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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting a heightened evidentiary burden for a plaintiff who is a member of a “majority group” under Title VII of the Civil Rights Act of 1964. Claims brought by such majority-group plaintiffs are sometimes referred to as “reverse discrimination” claims.

Click here to read the full GT Alert.

Photo of Mikaela Shaw Masoudpour Mikaela Shaw Masoudpour

Mikaela Shaw Masoudpour is trusted advisor to employers on a broad range of high-profile employment matters. Executive leadership and boards frequently call on Mikaela to investigate workplace misconduct claims and advise on remediation measures. Mikaela is sought out for outcome-oriented counseling to address…

Mikaela Shaw Masoudpour is trusted advisor to employers on a broad range of high-profile employment matters. Executive leadership and boards frequently call on Mikaela to investigate workplace misconduct claims and advise on remediation measures. Mikaela is sought out for outcome-oriented counseling to address pressing workplace needs from the pre-employment stage through separation of employment, including implementing AI tools in the workplace, leaves and accommodations, performance management, remote work, restrictive covenants, wage and hour, workplace policies, and labor relations. Mikaela also focuses on pay equity matters, such as advising clients on equal pay and pay transparency laws and conducting proactive audits and compensation analyses.

When litigation does occur, Mikaela regularly represents clients in courts and before administrative agencies in individual and class claims under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, the Equal Pay Act, federal labor laws, and other employment statutes. She leverages her deep courtroom experience to assist employers with litigation prevention and crisis management.

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Photo of Nicholas SanFilippo Nicholas SanFilippo

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related…

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related to termination, hiring, reduction in force, restrictive covenants, employment agreements, discipline, and handbooks.

Nick represents closely-held businesses facing crises related to ownership disputes or misconduct by board members, officers, or key employees. He develops strategies with the goal of maximizing returns and minimizing losses in situations related to unethical conduct, breach of contract, fraud, embezzlement, theft, or forgery.

Nick’s litigation experience also includes breach of contract, business torts, and commercial disputes in federal and state courts. He has deep experience representing clients in the government contracting, hospitality, financial services, and private equity industries.

In addition to serving as a litigator and employment counselor, Nick represents government contractors in bid protests at the agency level and before the GAO. He also advises government contractors on the FAR and relevant executive orders, including the Fair Pay and Safe Workplaces Executive Order.

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Photo of Shirin Afsous Shirin Afsous

Shirin Afsous is a member of the Litigation Practice in Greenberg Traurig’s Northern Virginia office. She has significant experience interacting with clients and developing case strategy. She is a litigation attorney focusing her practice on complex commercial litigation, including financial services litigation and…

Shirin Afsous is a member of the Litigation Practice in Greenberg Traurig’s Northern Virginia office. She has significant experience interacting with clients and developing case strategy. She is a litigation attorney focusing her practice on complex commercial litigation, including financial services litigation and commercial contract disputes across the country in state and federal courts. She also appears regularly in administrative proceedings, including assisting clients involved in governmental investigations. Shirin has handled trials as first chair attorney, and has wide-ranging experience drafting, researching, preparing witnesses for trial, conducting depositions, and arguing dispositive motions.

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Jade Yee

Jade Yee advises on a broad range of labor and employment matters to diverse clientele, including private and public companies and non-profit organizations in various industries, including financial and legal services, technology, retail, and manufacturing.

Jade is a trusted advisor, with deep experience…

Jade Yee advises on a broad range of labor and employment matters to diverse clientele, including private and public companies and non-profit organizations in various industries, including financial and legal services, technology, retail, and manufacturing.

Jade is a trusted advisor, with deep experience providing strategic advice to management, legal, and human resources personnel on issues related to workforce changes, leaves and accommodations, worker classifications, performance management, and compliance with the newest U.S. federal, state, and local labor and employment laws and regulations. She regularly negotiates and drafts executive employment, restrictive covenant, and separation agreements, develops workplace policies and trainings, and conducts internal investigations of employee complaints. Jade also advises on labor and employment aspects of corporate transactions, both domestic and cross-border, including pre-acquisition diligence, transaction documents, and post-closing employee matters.

When employee disputes do occur, she is a fierce advocate for her clients in court, arbitration, and administrative proceedings – litigating claims under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, and other federal, state and local employment statutes.

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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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